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1
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COMPLAINT
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EXTRACTED KEY WORDS
DWELLINGS FAIR HOUSING UNITED STATES COMPLEXES CONSTRUCTION FAIR HOUSING ACT INDIANA APARTMENT DESIGN DISCRIMINATORY CIVIL RIGHTS PRACTICES HANDICAP ATTORNEY VIOLATION COMPLIANCE FAILING REFUSING DAMAGES NORTHERN DISTRICT COURT AMERICA ENFORCEMENT LAWS COMMON PASSAGE PREMISES WHEELCHAIRS |
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF INDIANA
UNITED STATES OF AMERICA,
Plaintiff,
v.
EDWARD ROSE CONSTRUCTION CO.
and OCCIDENTAL DEVELOPMENT
CO,
Defendants.
______________________________
COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce the Fair
Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988 (Fair Housing
Act), 42 U.S.C. §§ 3601-3619.
2. This Court has jurisdiction over this action under 28 U.S.C.
1345 and 42 U.S.C. § 3614(a).
3. Defendant Edward Rose Construction Co. is a corporation organized
under the laws of Michigan. Defendant Occidental Development Co.
is also a corporation organized under the laws of Michigan. Each
defendant is engaged in the construction and operation of rental
apartment complexes in the Northern District of Indiana and
elsewhere.
4. Among the apartment complexes constructed and operated by the
defendants are complexes known as Hurwich Farms, which is located
in South Bend, Indiana; Indian Lakes, which is located in
Mishawaka, Indiana; Waterfront Apartments, which is located in
Virginia Beach, Virginia; and Oak Shores Apartments, which is
located in Oak Creek, Wisconsin. These four garden-style apartment
complexes are hereinafter referred to as "the subject complexes."
5. Each of the subject complexes contains residential apartment units
that are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
6. A substantial number of the units contained in Hurwich Farms, and
all of the units contained in the other subject complexes, were
designed and constructed for first occupancy after March 13, 1991.
The ground floor units at each of the subject complexes are
"covered multi-family dwellings" within the meaning of 42 U.S.C.
3604(f)(7)(A) and are subject to the requirements of 42 U.S.C.
3604(f)(3)(C).
7. Defendants have failed to design and construct the dwelling units
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